Park v. Whitfield
Supreme Court of Alabama
Appeal from Probate Court, Montgomery County; D. W. Crosland, Judge. Petition of Willie V. Whitfield and R. M. Vandiver, to probate the will of Sallie P. Vandiver, deceased, with contest by Clara V. Park. From a decree admitting the will to probate, contestant appeals.
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Appeal from Probate Court, Montgomery County; D. W. Crosland, Judge. Petition of Willie V. Whitfield and R. M. Vandiver, to probate the will of Sallie P. Vandiver, deceased, with contest by Clara V. Park. From a decree admitting the will to probate, contestant appeals. The following are charges given at proponents’ request: “2. I charge you that the burden of proving to your reasonable satisfaction that Mrs. Sallie P. Vandiver was, when she executed the will in question, under the domination and control of Mrs. Willie V.. Whitfield, or members of her family, or persons in her employ, and that…
1Opinion of the CourtMiller, J.
Mrs. Sallie P. Vandiver, the widow of W. F. Vandiver, deceased, died on April 19, 1922, leaving a last will and testament. Two children survived her, Mrs. Willie Vandiver Whitfield and R. Merritt Vandiver, and one granddaughter, Mrs. Clara V. Park, daughter of her deceased son, Henry F. Vandiver; these three, one daughter, one son, and one granddaughter, daughter of a deceased child, constitute all and are the only heirs of the testatrix.
Mrs. Whitfield, the daughter, and R. M. Vandiver, the son of testatrix, devisees under the will, and named respectively as sole executrix and executor…
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